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rights too early in the interrogation process republicans right or should have have been read his miranda rights even earlier also the tragic explosion in west texas should be a wake up call for all of us join us the importance of effective regulation some people it's not that way i'll talk with one of those people coming up and later in the show your take my take live segment your chance to call in and ask a question or make a comment while on the air. you need to know this new reports reveal the dzhokhar star and have the surviving boston marathon bombing suspect either stopped talking to investigators after he was read his miranda rights or wasn't read his miranda rights until after he'd much said everything he had to say and republicans are jumping on these revelations to justify either even further fudging of the constitution when law enforcement officials first captured the nineteen year olds are to have last friday president obama announced the federal investigators would not immediately read him his miranda rights and only when someone is arrested arresting officers are required t
rights too early in the interrogation process republicans right or should have have been read his miranda rights even earlier also the tragic explosion in west texas should be a wake up call for all of us join us the importance of effective regulation some people it's not that way i'll talk with one of those people coming up and later in the show your take my take live segment your chance to call in and ask a question or make a comment while on the air. you need to know this new reports reveal...
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rights or wasn't read his miranda rights until after he'd pretty much said everything he had to say and republicans are jumping on these revelations to justify either even further fudging of the constitution when law enforcement officials first captured the nineteen year olds are to have last friday president obama announced the federal investigators would not immediately read him his miranda rights and only when someone is arrested arresting officers are required to remind them of their right to not incriminate themselves and to be. represented by an attorney the fifth amendment right against self incrimination is among our most important constitutional protections because it protects us from abuse of and by the one single institution that we have empowered to imprison and even legally kill us our government but in certain situations for example when an individual in custody knows the whereabouts of a ticking bomb the supreme court has ruled the police can interrogate that individual before reminding him or her of their miranda rights this is the so-called public safety exception i
rights or wasn't read his miranda rights until after he'd pretty much said everything he had to say and republicans are jumping on these revelations to justify either even further fudging of the constitution when law enforcement officials first captured the nineteen year olds are to have last friday president obama announced the federal investigators would not immediately read him his miranda rights and only when someone is arrested arresting officers are required to remind them of their right...
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would not be read his miranda rights as part of the fifth amendment public safety exception the problem with this is that the exception doesn't actually legally fit the suspect and for those of you who have no idea what miranda rights are the rights read to every person who is arrested in the u.s. media aftermath of the suspects detention certainly like to officials quickly took to the internet to offer their two cents on how to treat the suspects south carolina senator lindsey graham said quote the last thing we may want to do is read boston suspect miranda rights telling them to quote remain silent and then followed up by saying if captured i hope administration will least consider holding the boston suspect as enemy combatant for intelligence gathering purposes some state representatives took the sentiment even further calling actually torture the suspect new york state senator gregg paul wrote sos scumbag number two in custody who wouldn't want to use torture on this punk to save more lives. i wouldn't and no one else that actually respects the rule of law and the constitution becau
would not be read his miranda rights as part of the fifth amendment public safety exception the problem with this is that the exception doesn't actually legally fit the suspect and for those of you who have no idea what miranda rights are the rights read to every person who is arrested in the u.s. media aftermath of the suspects detention certainly like to officials quickly took to the internet to offer their two cents on how to treat the suspects south carolina senator lindsey graham said...
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so it's more than miranda. it's miranda, you don't have to talk, if you can't afford a lawyer, i'll give you one. he can't afford a lawyer, here's a lawyer. he's not going to talk after he has a lawyer. the lawyer is going to advise him not to. that's a miranda issue. as far as what pete says, he's exactly right. it's a little vague. ray kelly can be right as well. two things can be right here. because, look, these guys had a pressure cooker bomb. let's just take that bomb that they threw at the watertown police. they didn't buy the components for that bomb, chris, between the time their pictures were released on thursday night at 5:00 and the time they killed brian collier of the m.i.t. police. they didn't buy those components, acquire it then, or build it then. it was already built. they already had this pressure cooker bomb, chris. probably remote control like the other two. they weren't going to sell it on ebay. they were going to detonate it somewhere. now, they might not have planned more. they might not
so it's more than miranda. it's miranda, you don't have to talk, if you can't afford a lawyer, i'll give you one. he can't afford a lawyer, here's a lawyer. he's not going to talk after he has a lawyer. the lawyer is going to advise him not to. that's a miranda issue. as far as what pete says, he's exactly right. it's a little vague. ray kelly can be right as well. two things can be right here. because, look, these guys had a pressure cooker bomb. let's just take that bomb that they threw at...
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david miranda and his spouse glen green would. they are speaking out for the first time. green wald has been edward snowden's conduet to the world. sunday he was heading home from berlin having met with a documentary film maker who has been working with green wald. while changing planes in london, british athouthorities detained miranda and interrogated him. as you'll hear on 360, miranda claims they didn't ask him about terrorism but threatened him with jail time and confiscated his laptop and memory sticks. just a short time ago for the first time since the incident, i spoke with david miranda and glenn greenwald. david, there has been a lot of misreporting on this. you were on a plane and there was an announcement everyone had to show passports and then what happened? >> i walk out, and there was two officers just waiting by the door of the plane, and they were just like checking people. they pick up my passport and they looked at my name and face and just ask me, sir, can you acompany me? i went with them. we went to this room, and there was four chairs in there and a
david miranda and his spouse glen green would. they are speaking out for the first time. green wald has been edward snowden's conduet to the world. sunday he was heading home from berlin having met with a documentary film maker who has been working with green wald. while changing planes in london, british athouthorities detained miranda and interrogated him. as you'll hear on 360, miranda claims they didn't ask him about terrorism but threatened him with jail time and confiscated his laptop and...
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it's different from the miranda warning. the other thing. don't forget, if he is not given the miranda warning what the worst thing that can happen? you don't think they have a case without the statement. >> megyn: they have videotape of him placing the bomb. >> they make a calculated decision, getting lawyered up or going forward and getting the bad guys that are still out there. >> megyn: it will be tough to find a jury not willing to convict. death penalty versus not. we're getting overhead shot of the boat where the suspect was last night. this one is less clear. we're going put these on the screen. why is the boston public defender's office so anxious to get involved. >> probably running to the ideological on to the cynical. >> megyn: you think they are unhappy he hasn't been given miranda yet? >> good point. even if he had been given it and made statements and it's a slam-dunk case on video. they knead don't need any of it. >> megyn: so a confession in terms of figuring out the larger war on terror. >> it's a legitimate exception but a
it's different from the miranda warning. the other thing. don't forget, if he is not given the miranda warning what the worst thing that can happen? you don't think they have a case without the statement. >> megyn: they have videotape of him placing the bomb. >> they make a calculated decision, getting lawyered up or going forward and getting the bad guys that are still out there. >> megyn: it will be tough to find a jury not willing to convict. death penalty versus not. we're...
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he was not red his miranda rights. they used a rarely used public safety, but they should not have invoked that because he no longer threatens an attack to society and he should get an attorney as soon as possible before he is interrogated. >> thank you. >>> federal law enforcements are weighing in on the rights and the status of the accused boston bomber, should he be treated as a criminal or enemy combaton with no rights? >> you have the high value interrogation group. they are skilled. they know how to do this. the miranda right can be read at a later time. >> four lawmakers including congressman pete king of new york believe he should be tkes eug nateed as a poe term enemy combaton. a conviction is likely so he is more interested in intelligence the suspect can offer. >>> thousands of runners at the london marathon paid tribute today to pay tribute to those killed and injured. they observed 30 seconds of silence before the start of each group of racers. many wore black ribbons in tribute. they set up a fund for the
he was not red his miranda rights. they used a rarely used public safety, but they should not have invoked that because he no longer threatens an attack to society and he should get an attorney as soon as possible before he is interrogated. >> thank you. >>> federal law enforcements are weighing in on the rights and the status of the accused boston bomber, should he be treated as a criminal or enemy combaton with no rights? >> you have the high value interrogation group....
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read him his miranda rights and let the criminal justice work. that's what we do in america. >> you think this needs to happen by the end of today at this point? >> once the fbi is able to ascertain whether or not there are continued threats to public safety, they should not expand further public safety exemptions. to do so is going to get their nick nice knickers in a twist. look at the 9/11 defendants. we tortured them, held them in secret prisons. we still have not prosecuted the alleged master minds of the 9/11 attacks. if boston wants and all of america wants justy, the best way is to let the criminal justice system kick up and work. to make it up as we go along is foolhardy, unconstitutional, and frankly really un-american. >> anthony romero, executive director for the aclu. thank you for coming on the show this morning, sharing your views. appreciate it. >> thank you. >>> we're expecting to get an update, by the way, any minute now on the conditions of some of the boston bombing victims who are still in the hospital. >>> plus, how should t
read him his miranda rights and let the criminal justice work. that's what we do in america. >> you think this needs to happen by the end of today at this point? >> once the fbi is able to ascertain whether or not there are continued threats to public safety, they should not expand further public safety exemptions. to do so is going to get their nick nice knickers in a twist. look at the 9/11 defendants. we tortured them, held them in secret prisons. we still have not prosecuted the...
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in the miranda law. what happened to that. why are we still under the same miranda laws. if they want to do this to criminal justice system, i think we should declare them enemy combatants. if you are going to use the criminal justice system, why don't they fix that four years have after they read a terrorist his miranda rights. >> megyn: we're going to talk to andrew mccarthy. the guy who put the blind sheik in jail. he will talk to him about whether this hole public safety exception argument we got from the administration, don't worry, we will go public safety exception to miranda. it was a big fraud. whether it was big fraud that was perpetrated on the american people because that exception under their own interpretation and behavior gave them not enough time, gave them not enough time. f.b.i. interrogators had said so. after this break, we'll pick up the debate. how are you on the terror watch list and getting public benefits at the same time? ...or letting them know they can reach geico 24/7 using t
in the miranda law. what happened to that. why are we still under the same miranda laws. if they want to do this to criminal justice system, i think we should declare them enemy combatants. if you are going to use the criminal justice system, why don't they fix that four years have after they read a terrorist his miranda rights. >> megyn: we're going to talk to andrew mccarthy. the guy who put the blind sheik in jail. he will talk to him about whether this hole public safety exception...
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lot of people think if the cops don't read you your miranda rights, the case gets dismissed. that's not true. the only thing that happens is if you confess, the confession can't be used in the trial against you. if there's other evidence to convict you, you can still be convicted. so a lot of people think oh, gee, i didn't get my rights, case dismissed. so we start with that presumption, but now we're getting into this more interesting issue because the justice department is saying well when there's a public safety emergency we don't have to give miranda warnings. this is going to be very, very controversial, and then senator mccain under the ante by saying this is an enemy combatant and you should treat the case in accordance with the rules of war. what that means is mccain is saying the guy doesn't deserve a jury trial. he's going to be, i don't know whether mccain is suggesting he'd be shipped off to guantanamo, which that would be a radical departure from the way justice is handled in the united states, particularly where a naturalized american citizen is involved and at
lot of people think if the cops don't read you your miranda rights, the case gets dismissed. that's not true. the only thing that happens is if you confess, the confession can't be used in the trial against you. if there's other evidence to convict you, you can still be convicted. so a lot of people think oh, gee, i didn't get my rights, case dismissed. so we start with that presumption, but now we're getting into this more interesting issue because the justice department is saying well when...
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was a great critic of miranda. when it came to the question -- should it be overruled -- he wrote the decision that said no, miranda has become part of our culture, part of the way police must be paid. -- behave and this court will adhere to miranda. i think that was a decision of major importance. you wanted two more -- griswald? that was the case that said -- it was a connecticut law -- banning the use of contraceptives is unconstitutional. griswald started the line that ended with roe vs wade. i would rank that the case of major importance. >> [inaudible] >> yes. it was not that long ago. the first time that question came to the court was a case versus the commonwealth of virginia it was a frontal attack on tel law that made consentual sodomy a crime. lawrence v texas was not the kind of a grandstand play. it involved flesh and blood real people. it was a story that could be told. the court in lawrence v texas held that the texas law, making consentual sodomy criminal, was unconstitutional. one of the reasons i
was a great critic of miranda. when it came to the question -- should it be overruled -- he wrote the decision that said no, miranda has become part of our culture, part of the way police must be paid. -- behave and this court will adhere to miranda. i think that was a decision of major importance. you wanted two more -- griswald? that was the case that said -- it was a connecticut law -- banning the use of contraceptives is unconstitutional. griswald started the line that ended with roe vs...
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it was unclear if he was read his miranda rights. but in washington, white house spokesman jay carney said he's a naturalized u.s. citizen, so he will not face a military tribunal. >> he will not be treated as an enemy combatant. we will prosecute this terrorist through our civilian system of justice, under us law. u.s. citizen can not be trialed, tried rather in military commissions. and it's important to remember that since 9-11 we have used the federal court system to convict and incarcerate hundreds of terrorists. >> brown: tsarnaev was also likely to face state charges in the shooting death of a police officer at m.i.t. it all followed his dramatic capture friday evening, when he was found hiding and wounded in a boat behind a home in the boston suburb of watertown. his older brother tamarlen died hours earlier in a shoot-out with police that triggered the all-day manhunt and shut down the city. yesterday, on cbs, massachusetts governor deval patrick stood by the unprecedented measures. >> i think people understood that we were
it was unclear if he was read his miranda rights. but in washington, white house spokesman jay carney said he's a naturalized u.s. citizen, so he will not face a military tribunal. >> he will not be treated as an enemy combatant. we will prosecute this terrorist through our civilian system of justice, under us law. u.s. citizen can not be trialed, tried rather in military commissions. and it's important to remember that since 9-11 we have used the federal court system to convict and...
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he may have been read his miranda rights by a judge as early as tomorrow. the republican lawmakers, of course, say the public safety exception doesn't go far enough, that he should be treated as an enemy combatant. we do not want this suspect to have the right to remain silent. here is a little bit more about what they said. i'll put this graphic up on the screen. this is from a statement released by those republican lawmakers who say we have concerns limiting this investigation to 48 hours and exclusively relying on the public safety exception of miranda could very well be a national security mistake, they call it. they could severely limit our ability to gather critical information about future attacks from this suspect. alex? >> okay. thank you for that latest from the white house, peter alexander. >>> some staggering numbers associated with the world's biggest marathon and a massive security effort trying to prevent another attack. we have a live report next. >>> and boston strong, some poignant and defiant moments as the city returns to life. [ male an
he may have been read his miranda rights by a judge as early as tomorrow. the republican lawmakers, of course, say the public safety exception doesn't go far enough, that he should be treated as an enemy combatant. we do not want this suspect to have the right to remain silent. here is a little bit more about what they said. i'll put this graphic up on the screen. this is from a statement released by those republican lawmakers who say we have concerns limiting this investigation to 48 hours and...
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miranda is a nonissue. the only thing that miranda warning protect against is that any, that any statement that you get after the miranda warnings can be used in criminal trial. here they didn't need further statements from him. they had photographs for goodness sake of him committing the crime and the own confession to people he carjacked. there is ample evidence without his statement. the purpose to interview him is get intelligence information. >> eric: are you concerned they may not have gotten enough? >> yes. >> eric: what do they do from here? >> well, what do they do? they will probably go ahead with the ordinary criminal process. and allow him to remain where he is and allow the lawyer to determine whether he gets questioned any further. what do i think they could do? i think they could question him for intelligence purposes so long as they kept that separate from the criminal investigation. he wouldn't have any right to have a lawyer present in that interview. anytime he would have a right to have
miranda is a nonissue. the only thing that miranda warning protect against is that any, that any statement that you get after the miranda warnings can be used in criminal trial. here they didn't need further statements from him. they had photographs for goodness sake of him committing the crime and the own confession to people he carjacked. there is ample evidence without his statement. the purpose to interview him is get intelligence information. >> eric: are you concerned they may not...
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there's no indication that david miranda, they knew who he was. they knew he's not connected to a terrorist group. >> great britain has its own laws that are similar to ours but are somewhat different. their terrorism law fakes it one step further. they say it's not just the material -- this person is a terrorist, but can be used by terrorists. frankly, if terrorists know how we surveil their cell phone calls, they could be used. >> couldn't any information published by journalists be used by terrorists? >> not at all. not classified information. it would have to be classified information of this kind. >> jessalyn, what do you think? >> i think that argument is completely vacuous. he is presuming, but he has no idea what was on those thumb drives and other documents and electronics that were seized, nobody does. but no matter what was on there, it obviously had to do with journalism. laura is a journalist and documentarian. glenn greenwald is a journalist, and david was serving as an in between, not as a drug mule. i have to wonder why the u.s. go
there's no indication that david miranda, they knew who he was. they knew he's not connected to a terrorist group. >> great britain has its own laws that are similar to ours but are somewhat different. their terrorism law fakes it one step further. they say it's not just the material -- this person is a terrorist, but can be used by terrorists. frankly, if terrorists know how we surveil their cell phone calls, they could be used. >> couldn't any information published by journalists...
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that's why you are not seeing him read his miranda warnings. he doesn't have to have a lawyer right away. no decision on whether he would be held as an enemy combatant but they want to get as much information as possible, and they are using the government's detainee interrogation group, we are told. so where are we right now? well, the fbi, as we now know, had a request from a foreign government to look into the older brother last year before he travelled -- when he was traveling to russia to look into his activities. there was a belief by that government he might have been involved in some kind of activities. the fbi did look into it. they issued a statement i want to read to you in part saying in response to the 2011 request, the fbi checked data basis looking for things such as derogatory telephone communications, and possible use of online sites associated with the promotion of radical activity, and associations with other persons of interest, and travel history and plans. the fbi did not find anything of concern. and the older brother trav
that's why you are not seeing him read his miranda warnings. he doesn't have to have a lawyer right away. no decision on whether he would be held as an enemy combatant but they want to get as much information as possible, and they are using the government's detainee interrogation group, we are told. so where are we right now? well, the fbi, as we now know, had a request from a foreign government to look into the older brother last year before he travelled -- when he was traveling to russia to...
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and miranda doesn't always shut people up. they can still waive the right and he can still talk too, because his lawyer can allow him to talk for some deal. so it can still happen. >> boy, this is getting murky, simple way i can put it, we had an interrogation, out of nowhere comes a judge, stops the interview and the information-gathering. we'll see who had the right to do this. if they still have the right as looked at by the other courts. anyway, thank you, jim cavanaugh. >>> and coming up, what an amazing day as five presidents come together to dedicate the presidential library. and lead it to former first lady barbara bush, saying her son should not run for president. saying we have had enough bushes. whoa, mom, you're taking over this thing. >>> and later, syria, the u.s. intelligence says that the syrian regime used chemical weapons. something that president obama said would be a game-changer. the white house wants more time to get the facts straight before it takes action. finally, where partisanship took a back seat f
and miranda doesn't always shut people up. they can still waive the right and he can still talk too, because his lawyer can allow him to talk for some deal. so it can still happen. >> boy, this is getting murky, simple way i can put it, we had an interrogation, out of nowhere comes a judge, stops the interview and the information-gathering. we'll see who had the right to do this. if they still have the right as looked at by the other courts. anyway, thank you, jim cavanaugh. >>>...
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rights, because wasn't one of the things about the miranda rights they weren't admissible? >> potentially. if he had not been mirandized, those statements might not have been admissible. i've always thought that miranda issue was sort of a red herring. this case is not a whodunit. there will be abundant evidence that he did this. but if you have this scrawled note, that's potentially even better and more dramatic evidence than anything he might have said to the cops from the hospital. >> if it becomes a death penalty case, this level of premeditation could impact that. >> extremely important for death penalty case. i mean, all the issues that come up in the death penalty case, premeditation, callousness, you know, really intending to kill people, that note would seem to be very directly relevant on all those issues. >> if the investigation, though, doesn't go as the authorities hope, and they're not able to piece together all the parts of the puzzle, they might still offer him a deal, take the death penalty off the table. >> they might. they might. this is still early in th
rights, because wasn't one of the things about the miranda rights they weren't admissible? >> potentially. if he had not been mirandized, those statements might not have been admissible. i've always thought that miranda issue was sort of a red herring. this case is not a whodunit. there will be abundant evidence that he did this. but if you have this scrawled note, that's potentially even better and more dramatic evidence than anything he might have said to the cops from the hospital....
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who has been working with miranda. while he was changing planes in london, british authorities detained him and questioned him for nearly nine hours under britain's anti-terrorism law. as you'll hear only on "360," he claims they did not ask him a single question about terrorism. they did, however, threaten him with jail time and confiscated his laptop and just a short time ago, for the first time since the incident, i spoke with david miranda and glenn greenwald. david, let's just start where there's been a lot of misreporting. just take us through what happened. you were on a plane. there was an announcement that everyone had to show passports. and then what happened? >> well, i walk out, and there was two officers just waiting by the door of the plane. they just like were checking people. they picked up my passport and looked at my name and face and just asked me, sir, can you accompany me? and i went with them. we went to this room, and there was four chairs in there, and a table, and they start asking me questions
who has been working with miranda. while he was changing planes in london, british authorities detained him and questioned him for nearly nine hours under britain's anti-terrorism law. as you'll hear only on "360," he claims they did not ask him a single question about terrorism. they did, however, threaten him with jail time and confiscated his laptop and just a short time ago, for the first time since the incident, i spoke with david miranda and glenn greenwald. david, let's just...
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so the miranda issue may be not all that important as a legal matter. and the fact that they get information from him that can be used to make sure there are no other conspiracies out there, that may be very useful information. and they can still prosecute him very successfully without those statements because it sure seems like there is going to be a lot of evidence against this guy, independent of any statements he might have made. >> i want to bring in our national security analyst, peter bergen, joining us. peter has written extensively on al qaeda and osama bin laden. peter, i appreciate you joining us. what are the questions that you are most interested in learning about these two, in particular about motivation and their operational capability? >> well, first of all, anderson, i think it's very interesting that they were able to detonate two bombs almost simultaneously. i think that's pretty hard. it suggests either practice in the united states or training elsewhere or perhaps both. we've had terrorists who have gone overseas who have tried to d
so the miranda issue may be not all that important as a legal matter. and the fact that they get information from him that can be used to make sure there are no other conspiracies out there, that may be very useful information. and they can still prosecute him very successfully without those statements because it sure seems like there is going to be a lot of evidence against this guy, independent of any statements he might have made. >> i want to bring in our national security analyst,...
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no miranda rights were read to the suspect here last night. a justice department official says the bombing suspect won't be read the miranda rights because of a public saflt exception. so what is the next judicial step? let's ask the executive director of the american center for law and justice. good morning. i think a lot of folks are not familiar with this public safety exemption. why invoke that at this time? >> usually it's rare, it would be an instance where there is a gun or some kind of in this situation, unexploded bombs. it's important for people to understand, this is not the most extreme move. what you get from this is very limited interrogation and on top of that, it has to be directed questions. what does that mean? the questions can only go to minimizing and eliminating the immediate emergency. because that's why you've invoked this exception to the miranda warning which is required by supreme court precedent. but they did carve this out. >> the u.s. government is concerned about any potential new attacks so they want to limit th
no miranda rights were read to the suspect here last night. a justice department official says the bombing suspect won't be read the miranda rights because of a public saflt exception. so what is the next judicial step? let's ask the executive director of the american center for law and justice. good morning. i think a lot of folks are not familiar with this public safety exemption. why invoke that at this time? >> usually it's rare, it would be an instance where there is a gun or some...
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. >> i think the miranda issue is an easier issue. he doesn't have to be mar lindaized for a lot of reason. first of all, they have enough evidence to convict him without getting a confession from him. all miranda gets you is a confession you can use in court. you can use that information for everything else. remember, he confessed already to the guy they kidnapped. the guy he kidnapped says, these two guys told us, we did the bombing. they got great witness and they got a great confession. maybe even better than a law enforcement confession where you can claim it was forced out of you. they gave a upon takenious confession -- spontaneous confession. >> bob wants to get in here. so then why did they need to make that statement? i'm trying to figure out why they made that statement? >> i don't know exactly why they made it. maybe because they got so much criticism -- remember the christmas morning bomber that they mirandaized right away, lost the opportunity to get information from him? so i think maybe they were playing defense. >> le
. >> i think the miranda issue is an easier issue. he doesn't have to be mar lindaized for a lot of reason. first of all, they have enough evidence to convict him without getting a confession from him. all miranda gets you is a confession you can use in court. you can use that information for everything else. remember, he confessed already to the guy they kidnapped. the guy he kidnapped says, these two guys told us, we did the bombing. they got great witness and they got a great...
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Apr 30, 2013
04/13
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don't read them their miranda rights within 48 hours. number two, and then he apologizes saying let's be careful for any backlash that may happen if we continue to interrogate these guys. most importantly, you want to relentlessly pursue who did this? how about you relentlessly pursue benghazi. i haven't heard a word of benghazi in three months. >> also we lost opportunities here in the piece we sent around that had so much response and things that went on in the bush administration successfully against the war on terror. this is a real loss. it is an opportunity to make advancements in our national security. but the way this individual was treated and a magistrate, not even a federally -- but a judge. this is so unusual that they brought the guy in to discuss the hospital room, a magistrate and not elected, but somebody who can get that position. i can get that position tomorrow and goes in and gives the miranda rights. this is not how it is going to be done. a real opportunity is there. find out who helped radicalize them. i don't beli
don't read them their miranda rights within 48 hours. number two, and then he apologizes saying let's be careful for any backlash that may happen if we continue to interrogate these guys. most importantly, you want to relentlessly pursue who did this? how about you relentlessly pursue benghazi. i haven't heard a word of benghazi in three months. >> also we lost opportunities here in the piece we sent around that had so much response and things that went on in the bush administration...
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Apr 20, 2013
04/13
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CNNW
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he wasn't read his miranda rights. they are using an exception there and there are calls for him to be treated as an enemy combatant. is that the right call, do you think? >> let's pick these two piece it is apart. on the miranda question it's not clear how much of an exception it really is. as an investigator or prosecutor you can choose not to mirandize someone. it makes things much more difficult for them down the road at trial. if you are concerned about getting certain kinds of information and it looks like the fbi and the national security apparatus is concerned about getting information, then you would want to get as much as you can out of someone in the near term in order to roll up any other individuals that might have been involved in a potential conspiracy. turning to the question on whether someone is an enemy combatant or not, if you apply law in 1944 when we were dealing with germans in the united states, maybe you could classify him as an enemy combatant. in the last 20 or 30 years, every major act of do
he wasn't read his miranda rights. they are using an exception there and there are calls for him to be treated as an enemy combatant. is that the right call, do you think? >> let's pick these two piece it is apart. on the miranda question it's not clear how much of an exception it really is. as an investigator or prosecutor you can choose not to mirandize someone. it makes things much more difficult for them down the road at trial. if you are concerned about getting certain kinds of...
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Apr 20, 2013
04/13
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and authorities decided not to read the suspect his miranda warnings and rights. what advantage does that give them now? >> as it was being discussed last night, he is still entitled to his miranda rights. what it means any information they collected before giving that warning cannot be used in court against him. but they probably have a ton of data already. they probably don't need a confession, and they don't need questions that lead to evidence for the prosecution, because they have the video evidence and they have forensic evidence, and i am sure they have dna evidence now because there has been blood and a fight. so they are more interested in trying to get information for him to identify whether there are any more accomplices or relationships to foreigners. >> is there anybody else out there? >> of course, that's question number one. and for the information gathering they are doing now is totally separate from the case they will be making in court. >> they are trying to piece together not just the last few days but in some cases the last year, or more than a
and authorities decided not to read the suspect his miranda warnings and rights. what advantage does that give them now? >> as it was being discussed last night, he is still entitled to his miranda rights. what it means any information they collected before giving that warning cannot be used in court against him. but they probably have a ton of data already. they probably don't need a confession, and they don't need questions that lead to evidence for the prosecution, because they have...
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Apr 23, 2013
04/13
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CURRENT
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>> sure, the public safety exemption to miranda allows the fbi to interrogate without mirandaizeing them an without council. this helps them to determine whether or not there is anyone else in the support structure as tim clemente discussed earlier, if there are any support structure and it does present a potential problem a potential evidentiary problem for prosecution at trial in so far a federal judge could decide certain evidence is not admissible in court. but when you look at the massive amount of evidence that has been amassed in this case it's unlikely that they would not be able to get a conviction. it makes sense that they would proceed on this basis empty with the concern of a possible international connection. >> and they miranda mirandaized tim mcveigh but they didn't have as much and he didn't present as a foreign threat. i've worked as around the world as a scholar and lawyer, there is a question of international connection and it's appropriate for them to be asking these questions, not to mention that they'll probably race the issue on constitutional ground when it comes
>> sure, the public safety exemption to miranda allows the fbi to interrogate without mirandaizeing them an without council. this helps them to determine whether or not there is anyone else in the support structure as tim clemente discussed earlier, if there are any support structure and it does present a potential problem a potential evidentiary problem for prosecution at trial in so far a federal judge could decide certain evidence is not admissible in court. but when you look at the...
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Apr 21, 2013
04/13
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miranda isn't in the constitution. what the court should look at is it the confession voluntary not whether a specific set of words were read. rehnquist ended up upholding it because of star idecised us. kind of a stretch that the precise words are necessary. >> geraldo: military tribunal. >> i already answered that. give me a break. you don't have to read miranda to a rapist. the rape is over. we are not worried about another bomb. >> geraldo: say it in english. court or tribunal? >> oh, court or tribunal. i suspect we need to know a little more information but certainly looking like a military tribunal. >> geraldo: do you want it to be a military tribunal? >> depends on the facts but looks like yes, this was. >> geraldo: quadruple murder and four death sentences on this guy. >> i don't care what the guys were saying during the commercial break. a military tribunal done properly are does not give the defendant as many protections as a mere criminal in the united states. >> geraldo: robert first and then bo. >> i feel
miranda isn't in the constitution. what the court should look at is it the confession voluntary not whether a specific set of words were read. rehnquist ended up upholding it because of star idecised us. kind of a stretch that the precise words are necessary. >> geraldo: military tribunal. >> i already answered that. give me a break. you don't have to read miranda to a rapist. the rape is over. we are not worried about another bomb. >> geraldo: say it in english. court or...
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Apr 25, 2013
04/13
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because they believe issue miranda rights. they didn't have to. what they needed to do make sure that the citizens were safe. there wasn't another terror plot afoot like apparently there was to come into new york city into times square. a public safety exception they could have used before they even got to the miranda rights if they wanted to do that another alternative being enemy combatant. >> judge does not say going to give miranda rights. >> who does the judge work for. >> i have no idea. you have to assume there is some level of coordination. now, former attorney general michael mukasey says they can go back and talk to elm this. however, that information would not be permissible in court i think they were worried about political reasons and how it looked. this guy doesn't have constitutional rights. a knee jerk reaction or allen dershowitz theory the longer we wait to mirandize him we can't use this court in court. we need this info for court. >> is he going down either way. >> we don't know that. >> do whatever they want to do. the questio
because they believe issue miranda rights. they didn't have to. what they needed to do make sure that the citizens were safe. there wasn't another terror plot afoot like apparently there was to come into new york city into times square. a public safety exception they could have used before they even got to the miranda rights if they wanted to do that another alternative being enemy combatant. >> judge does not say going to give miranda rights. >> who does the judge work for....
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Apr 20, 2013
04/13
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meanwhile, senators john mccain and lindsey graham say the injured suspect is not, not entitled to his miranda rights. they want dzhokhar tsarnaev to be treated as an enemy combatant. and the transit police officer injured in a shootout with the suspects remains in critical condition. don't forget about this hero. officer richard donahue being treated for a single gunshot wound. meanwhile, authorities are still looking at another disaster further south, way further south, trying to get to the bottom of what caused that blast at the fertilizer plant in west, texas. fox'sdom nick is there with the -- dominic is there with 14 dead. >> 200 injured. we understand from the authorities that 14 bodies have been recovered. they do not expect that number to rise much, if at all. 13 critically ill in hospital. it's unclear now on day three after the disaster how many of those will pull through. they think most of them actually will. the bodies of those that have been recovered from the site here in west have been taken to dallas for forensics. those that were most closest to the epicenter of the site, di
meanwhile, senators john mccain and lindsey graham say the injured suspect is not, not entitled to his miranda rights. they want dzhokhar tsarnaev to be treated as an enemy combatant. and the transit police officer injured in a shootout with the suspects remains in critical condition. don't forget about this hero. officer richard donahue being treated for a single gunshot wound. meanwhile, authorities are still looking at another disaster further south, way further south, trying to get to the...
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Apr 23, 2013
04/13
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for least 48 hours before miranda rights we given to him. lou: he was also under heavy sedation. i am not sure we can call that interrogation. >> we really don't know. if you recall there was not much said after he was arrested and nobody released information on his medical status at that particular point*. lou: we do know for a fact he had multiple gunshot unds and was near bleeding out as the expression goes. he was in very bad shape. but now let's turn to chicago. we have a situation since a 1978, a chicago police arresting shimmy my nails, 390 times since 1978. 83 alias common 92 theft. 65 disorderly conduct. what in the world is going on? >> accommodation, i don't know but it's a combination of a failure in the government, a failure of the jail system and a mental health problem. when you combine all three of those issues together this is what happens. this is not your typical situation. this is so extraordinary. when you have the problems this woman had with the overcrowding in the illinois state prison system. >> get has to cost a fortune. >> and you see the revolving door
for least 48 hours before miranda rights we given to him. lou: he was also under heavy sedation. i am not sure we can call that interrogation. >> we really don't know. if you recall there was not much said after he was arrested and nobody released information on his medical status at that particular point*. lou: we do know for a fact he had multiple gunshot unds and was near bleeding out as the expression goes. he was in very bad shape. but now let's turn to chicago. we have a situation...
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Apr 22, 2013
04/13
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CNBC
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but once the question foeiing fs to some other area, they run afoul of miranda. at this point it looks like the case is a pretty well put together case. >> pretty cut and dried. do you think he's going to try to make a deal with the government to get out of the death penalty. >> i think he's going to -- >> it's certainly a possibility. i mean, right now he's eligible for death. the way the complaint reads, it is a death penalty offense. if the justice department decides to pursue death, the only way he's going to get out of that is either through some sort of mental health defense or through cooperation with the government where if he can reveal information that could be of assistance in prosecuting others or uncovering other plots, they may be willing to bargain for life in prison. >> yeah. i don't -- >> jay? >> i think just real quickly, i think that they're going to ask the families of the decreased and the people that got maimed. they're going to -- families of the deceased and people that got maimed and ask them what their opinion is. i think there's a good
but once the question foeiing fs to some other area, they run afoul of miranda. at this point it looks like the case is a pretty well put together case. >> pretty cut and dried. do you think he's going to try to make a deal with the government to get out of the death penalty. >> i think he's going to -- >> it's certainly a possibility. i mean, right now he's eligible for death. the way the complaint reads, it is a death penalty offense. if the justice department decides to...
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Apr 27, 2013
04/13
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talk to me about what more we know about that decision to read those miranda rights to dzhokhar tsarnaev when that happened. >> reporter: good morning, poppy. well we know that congressman rogers certainly wants to know more about the decision leading up to those rights being read because we know the suspect has become a lot less talkative after hearing those miranda rights. certainly he led investigators to look for the laptop, we learned from the suspect about the plans to go to new york but since he was read his rights he's gotten a lot less talkative and congressman rogers has written a letter to eric holder demanding a full accounting of the decision leading up to the initial appearance with the judge including who decided that appearance should take place at that specific place and time during this questioning and whether the department of justice or the fbi expressed any concerns about the timing of this and concerns about the fact that the suspect would now be read his miranda rights. i should tell you the department of justice hasn't yet responded directly to that letter to atto
talk to me about what more we know about that decision to read those miranda rights to dzhokhar tsarnaev when that happened. >> reporter: good morning, poppy. well we know that congressman rogers certainly wants to know more about the decision leading up to those rights being read because we know the suspect has become a lot less talkative after hearing those miranda rights. certainly he led investigators to look for the laptop, we learned from the suspect about the plans to go to new...
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Apr 22, 2013
04/13
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after an initial appearance before a federal magistrate from his hospital bed, where he was read his miranda rights, the 19-year-old charged with one count of using and conspiring to use a weapons of mass destruction of resulting in death. and one count of malicious different stru-- ofproperty, tha maximum penalty of death, federal complain reveals that the tsarnaev brothers were residing in the nation legally, dzhokhar's older brother, tamerlan who was killed friday morning was a lawful permanent resident, one of the two told a carjacking victim thursday night they were the boston marathon bombers, a search of dzhokhar's umass dartmouth dorm room turned up a hat and jacket corne jack y suspect number 2. tsarnaev remains hospitalized at beth israel hospital with gunshot wounds to his head, neck, legs and hands, authorities believe one was sev-inflicted in -- self-inflectioned in a botched suicide attempt. >> canadian authorities announcing in connection with fbi they have broken up a terrorist plot to blow up a passenger train and bridge somewhere between toronto and u.s. border. a ballot th
after an initial appearance before a federal magistrate from his hospital bed, where he was read his miranda rights, the 19-year-old charged with one count of using and conspiring to use a weapons of mass destruction of resulting in death. and one count of malicious different stru-- ofproperty, tha maximum penalty of death, federal complain reveals that the tsarnaev brothers were residing in the nation legally, dzhokhar's older brother, tamerlan who was killed friday morning was a lawful...
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Apr 21, 2013
04/13
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KPIX
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officers did not read him his miranda rights. they invoked a rarely used public safety exception. the case started thursday night when his older brother tamerlan died after a firefight with police. then officers spent friday going door to door in watertown looking for johar. pictures from a night vision camera show he was hiding in a boat stored in a backyard. after a second shootout, tsarnaev gave himself up and medics rushed him to the hospital. doctors here at boston's beth israel are treating the suspect for serious injuries. cbs news has learned he is suffering from leg and neck wounds and could have bled to death if he hadn't been found in time. authorities are still in watertown collecting evidence. residents are glad it's all over. >> it's surreal finding yourself in a war zone. >> reporter: a memorial for the victims is growing in downtown boston. 11-year-old catherine left this note. >> i meant it with my heart when i wrote it and i really hope boston gets better. >> reporter: many say they are glad life can get back to normal finally. now, one of the latest statements w
officers did not read him his miranda rights. they invoked a rarely used public safety exception. the case started thursday night when his older brother tamerlan died after a firefight with police. then officers spent friday going door to door in watertown looking for johar. pictures from a night vision camera show he was hiding in a boat stored in a backyard. after a second shootout, tsarnaev gave himself up and medics rushed him to the hospital. doctors here at boston's beth israel are...
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Apr 22, 2013
04/13
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they've chosen to question him without reading him miranda rights. what does that mean for any information they might be getting? >> well, it's very important to the people -- we've been talking a lot about miranda and i think it's important for people to understand what it does and doesn't mean. if you are questioned without your miranda rights, all that means is that the statements you make cannot be used against you in a criminal court. they can be used against other people. they can be used as leads to other inquiries. and you can still be prosecuted with lots of other evidence. all it means is that those statements cannot be used against you. from what it certainly appears there is lots of other evidence against this fellow. so the fact that the government might be giving up the chance to use some of it is not much of a sacrifice on the part of the government. >> he also at this point could indicate he wants an attorney and doesn't want to answer any questions, correct? >> absolutely. even when someone doesn't get miranda rights, the statements
they've chosen to question him without reading him miranda rights. what does that mean for any information they might be getting? >> well, it's very important to the people -- we've been talking a lot about miranda and i think it's important for people to understand what it does and doesn't mean. if you are questioned without your miranda rights, all that means is that the statements you make cannot be used against you in a criminal court. they can be used against other people. they can...